Chinese name
To execute (a sentence) outside prison.
Foreign name
Serve a sentence outside prison
Inapplicable condition
Self-injury and self-harm, resistance to reform, may endanger society, etc.
Applicable conditions
Seriously ill, pregnant or lactating women, etc.
Applicable principal punishment
Criminal detention, fixed-term imprisonment, life imprisonment
Question 2: What is execution outside prison and its conditions? Temporary execution outside prison refers to a way of execution outside prison for criminals who are not suitable for execution in prisons or other places of detention because of their physical condition, in accordance with relevant laws and regulations, after legal procedures. After a certain period of time, if the conditions for approving temporary execution outside prison no longer exist, and the sentence has not been completed, or if the conditions for revoking execution outside prison are met, the executing organ will still put it in prison for execution. In order to correctly implement the system of temporary execution outside prison, the law strictly stipulates the conditions and approval procedures for temporary execution outside prison: 1. It must be a criminal who has been sentenced to fixed-term imprisonment or criminal detention and is in the process of execution. Criminals sentenced to death have been deprived of their freedom of life and there is no possibility of temporary execution outside prison. Criminals sentenced to life imprisonment are mostly criminals with serious criminal circumstances and deep subjective malignancy, which has certain social dangers. If they are allowed to be temporarily executed outside prison, it will inevitably cause unstable social impact and make the people lose confidence in the national laws. Criminals who are sentenced to public surveillance or deprived of political rights alone belong to public punishment, that is, the punishment imposed on them without being detained in society is not necessary to be temporarily executed outside prison. 2. Must meet one of the following conditions: (1) Suffering from serious illness and needing medical treatment on parole. As for the serious illness of criminals and the need for medical parole, it needs to be determined by the executing organ according to the certificate issued by the hospital designated by the provincial people's * * * and in accordance with the procedures prescribed by law. In order to prevent some people from using this clause to evade the execution of punishment. And determine the hospital issued by the provincial people * * *, but also to prevent all kinds of hospitals issued documents, resulting in confusion in the implementation, making it difficult to determine the executive organs. Under normal circumstances, criminals suffering from diseases that endanger their own life and health or those of others, and which are difficult to be cured by the medical conditions in the detention place, can be identified as serious diseases. (2) Women who are pregnant or nursing babies. This is an important manifestation of humanitarian principles. Its purpose is to prevent pregnant or lactating women from executing punishment in the execution place, so that criminals can return to their families and get better care or take good care of their babies. (3) For criminals who are sentenced to fixed-term imprisonment or criminal detention and cannot take care of themselves, temporary execution outside prison will not endanger society. This is mainly because some criminals who have been sentenced to fixed-term imprisonment or criminal detention, although they do not meet the conditions of the above two situations, are unable to take care of themselves because of their old age and infirmity, and are not suitable for continuing to execute the punishment. The law stipulates the conditions for temporary execution outside prison, and also stipulates the conditions for not allowing temporary execution outside prison. Criminals who meet one of the following circumstances shall not be temporarily executed outside prison: (1) Criminals who meet the conditions of medical parole shall not be released outside prison for medical treatment. (2) Criminals who hurt themselves shall not be released on bail for medical treatment. Self-injury and self-mutilation means that criminals deliberately swallow nails, tacks and other foreign bodies in detention places, causing their own physical injuries and disabilities. Such criminals cannot be temporarily executed outside the prison. The authorities that have the power to approve temporary execution outside prison mainly include the people's courts that sentence criminals and hand them over to the executing organs for execution, the prison management organs of provinces, autonomous regions and municipalities directly under the Central Government, and the public security organs at higher levels in detention centers and criminal detention centers. When sentencing a criminal, if the people's court finds that a criminal who has not been detained in a detention center meets the conditions stipulated by law for temporary execution outside prison, such as a criminal who has been released on bail pending trial due to a serious illness, the people's court has the right to decide to temporarily execute outside prison while sentencing. According to the effective judgment of the people's court, when a public security organ sends a criminal to a prison for execution, the prison shall conduct a physical examination of the criminal sent for execution before taking him into custody. If, during the inspection, it is found that a criminal meets the conditions for temporary execution outside prison, he may not be put into prison for execution temporarily, and the people's court that originally made the judgment shall decide to temporarily execute the sentence outside prison. If a criminal is found to meet the conditions for temporary execution outside prison during the execution of a penalty, the executing organ (such as a prison, detention center or detention center) shall submit written materials and opinions, which shall be submitted to the prison management organ of the province, autonomous region or municipality directly under the Central Government or the competent public security organ of the detention center or detention center for approval, and the execution outside prison shall be temporarily performed. In order to ensure the correct implementation of the criminal procedure law, the people's procuratorate should effectively supervise the decision to approve the temporary execution outside prison. The organ that approves the temporary execution outside prison shall send a copy of the approval decision to the people's procuratorate. After examination, the people's procuratorate believes that the criminals who have been approved for temporary execution outside prison do not meet the conditions prescribed by law, that is to say, it is wrong to approve temporary execution outside prison ... >>
Question 3: What do you mean that execution outside prison should be punished?
Security supervision will do.
Execution outside prison refers to a special penalty execution mode that a criminal sentenced to fixed-term imprisonment or criminal detention needs medical treatment outside prison because of serious illness, or a woman is pregnant or nursing her own baby, which is not suitable for execution in prison, and can be temporarily executed outside prison by the public security organ in the criminal's residence with the assistance and supervision of the criminal's grassroots organization or unit.
For the applicable conditions of execution outside prison, Article 2 14 of the Criminal Procedure Law has specific provisions:
Article 2 14 of the Criminal Procedure Law: A criminal sentenced to fixed-term imprisonment or criminal detention may be temporarily executed outside prison under any of the following circumstances:
(a) there is a serious illness that requires medical parole;
(2) Women who are pregnant or nursing babies.
Criminals released on medical parole may be socially dangerous, or criminals who self-harm may not be released on medical parole.
If a criminal is seriously ill and must be released on parole for medical treatment, a certificate shall be issued by the hospital designated by the provincial people's * *, and the examination and approval shall be conducted in accordance with the procedures prescribed by law.
If it is found that a criminal who is released on medical parole does not meet the conditions for medical parole, or seriously violates the provisions on medical parole, he shall be put in prison in time.
Criminals sentenced to fixed-term imprisonment or criminal detention who cannot take care of themselves can be temporarily executed outside prison without endangering society.
A criminal who is temporarily executed outside prison shall be executed by the public security organ in his place of residence, and the executing organ shall strictly manage and supervise him, and grass-roots organizations or the unit where the criminal belongs shall provide assistance.
Question 4: What are the conditions for execution outside prison? Execution outside prison refers to a way of execution of criminals sentenced to fixed-term imprisonment or criminal detention, which is not suitable for execution in prison for special reasons, and is executed outside prison by the community correction institution in the place of residence according to law. However, criminals who have been sentenced to death or suspended for two years without commutation may not be executed outside prison.
According to Article 254 of the Criminal Procedure Law:
A criminal sentenced to fixed-term imprisonment or criminal detention may be temporarily executed outside prison under any of the following circumstances:
(a) there is a serious illness that requires medical parole;
(2) Women who are pregnant or nursing babies;
(three) life can not take care of themselves, the application of temporary execution outside prison will not harm society.
A criminal sentenced to life imprisonment may be temporarily executed outside prison under the circumstances specified in the second paragraph of the preceding paragraph.
Criminals released on medical parole may be socially dangerous, or criminals who self-harm may not be released on medical parole.
If a criminal suffers from a serious illness and must be released on parole for medical treatment, the hospital designated by the provincial people's * * * shall make a diagnosis and issue a certificate.
Before delivery for execution, temporary execution outside prison shall be decided by the people's court delivering execution; After delivery, the prison or detention center shall put forward written opinions on temporary execution outside prison and report them to the prison management organ at or above the provincial level or the public security organ at or above the municipal level with districts for approval.
Article 257 of the Criminal Procedure Law A criminal who is temporarily executed outside prison shall be put into prison in time under any of the following circumstances:
(a) found that does not meet the conditions for temporary execution outside prison;
(two) a serious violation of the relevant provisions of the supervision and administration of temporary execution outside prison;
(3) After the temporary execution outside prison disappears, the criminal's sentence has not expired.
If the people's court decides to put a criminal who has been temporarily executed outside prison into prison, it shall make a decision and serve the relevant legal documents to the public security organs, prisons or other executing organs.
If criminals who do not meet the conditions for temporary execution outside prison are temporarily executed outside prison by illegal means such as bribery, the period for temporary execution outside prison shall not be included in the execution period. If a criminal escapes during the temporary execution outside prison, the time of escape shall not be counted in the execution period.
If a prisoner dies during his temporary execution outside prison, the executing organ shall promptly notify the prison or detention center.
Question 5: What are the conditions for executing 1 execution outside prison after sentencing? If you have a serious illness, you need medical parole.
A woman who is pregnant or nursing a baby.
3 life can't take care of itself, and it is not harmful to society to apply temporary execution outside prison.
Only the second condition can be sentenced to life.
Self-harm, harmfulness, etc. are not applicable to medical parole.
However, if medical parole is required, a certificate will be issued by the hospital designated by * * *.
Before sending it to the court, then sending it to prison or something.
Question 6: Under what circumstances can I be sentenced to execution outside prison? exceptional case
Question 7: What do you mean by hearing after execution outside prison? Five points. hello
Bail pending trial is not executed outside prison, and the period of bail pending trial is one year, during which it should be on call. You should get a lawyer. They will tell you what to say.
Question 8: Li Gang's son was sentenced to six years. What does it mean to be sentenced to execution outside prison? Is it outside the prison? If a prisoner sentenced to fixed-term imprisonment or criminal detention needs to be released on parole for medical treatment because of a serious illness, or a woman who is pregnant or nursing her own baby is not suitable for execution in a prison or other reeducation-through-labor place, it may be temporarily executed by the public security police station in the original place of residence of the criminal, with the assistance and supervision of the grassroots organization or unit where the criminal belongs. Although it is executed outside prison, it still has certain constraints. First, he must report to the local police station. Then the police station will set up a group to help and educate criminals outside prison according to the situation. In the future, criminals sentenced to execution outside prison should regularly report their recent performance, contacts and activities. Go to the police station According to the report of the criminals sentenced to execution outside prison, the police station will check with the members of the help and education group and educate the criminals sentenced to execution outside prison together with the members of the help and education group to make them repent and turn over a new leaf.
Question 9: execution outside prison can be sentenced within a few years, which is not directly related to time. As long as it meets the conditions, it can be executed outside prison. A criminal sentenced to fixed-term imprisonment or criminal detention may be temporarily executed outside prison under any of the following circumstances:
(a) there is a serious illness that requires medical parole;
(2) Women who are pregnant or nursing babies;
(three) life can not take care of themselves, the application of temporary execution outside prison will not harm society.
Question 10: How many years does it take for the crime of fraud to be executed outside prison? You mean probation? If it means probation, you must be sentenced to fixed-term imprisonment of less than three years before probation can be applied. If the sentence exceeds three years, probation cannot be applied, and whether probation can be applied is decided by the judge according to the specific circumstances. If we are talking about execution outside prison, we must wait until the court's decision is sent to prison for execution. If you can't be admitted to prison because of illness, you can apply for execution outside prison.